Contemplating
The Constitution
Monday Evenings
Contemplating The Constitution
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Tuesday evenings with your host Mark David Smith
Going through each Article, Section, Clause & Amendment, Mark shares his research on the Constitution.
Mark also shares recent news articles relating to The Constitution in:
'Our Constitution in the News'
Newest Reports
48 videos on this page (oldest reports are at the bottom)
4/5/21 - Length/15.14
Article 2 Section 1 Clause 5 - Eligibility for the Office of President
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States..
References:
Constitution Annotated / Qualifications for the Presidency
The University of Chicago Press / Joseph Story, Commentaries on the Constitution
3/29/21 - Length/13.08
Article 2 Section 1 Clause 4 - Time of chusing the Electors
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
References:
Wikipedia / Article Two of the United States Constitution
Wikipedia / Hillsborough Convention
Constitutional Law Reporter
The University of Chicago Press
3/22/21 - Length/12.28
Article 2 Section 1 Clause 3 - The Electors
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
References:
Wikipedia / Article Two of the United States Constitution
3/15/21 - Length/14.01
Article 2 Section 1 Clause 2 - Presidential Electors
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
References:
Constituting America
3/8/21 - Length/23.59
Article 2 Section 1 Clause 1 - The Vesting Clause
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows
References:
Interactive Constitution
Mental Floss.com
Merriam-Webster
Show Segment - 2/8/21 - Length/18.02
Article 1 Section 10 Clause 3 - The Tonnage Clause
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
References:
Wikipedia / Roger B. Taney
Constitution Annotated / Article 1 Section 10 Clause 3
Full Show - 2/8/21 - Length/37.25
Show Segment - 2/1/21 - Length/11.20
Article 1 Section 10 Clause 2 / The Import-Export Clause
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress.
References:
Constitutional Reporter
Wikipedia / Import-Export Clause
Full Show - 2/1/21 - Length/22.06
Show Segment - 1/25/21 - Length/18.51
Article 1 Section 10 Clause 1 / The Obligations of Contracts Clause
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
References:
Constitution Annotated
ThoughtCo.
The Heritage Foundation
Full Show - 1/25/21 - Length/40.56
Show Segment - 1/18/21 - Length/18.51
Article 1 Section 9 Clause 8 / The Emoluments Clause
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
References From Interactive Constitution
Full Show - 1/18/21 - Length/37.05
Show Segment - 1/13/21 - Length/36.13
Article 1 Section 9 Clause 7 / The Appropriations Clause
Clause 7. a. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law
Clause 7. b. and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
References:
Constitution Annotated
Constitution Center.org
Full Show - 1/13/21 - Length/1 hr 11 mins
Show Segment - 1/6/21 - Length/19.07
Article 1 Section 9 Clause 6 / The No Preference Clause
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
Full Show - 1/6/21 - Length/49.57
Show Segment - 12/30/2020 - Length/14.35
Article 1 Section 9 Clause 5 / Tax / Duty / Internal Revenue Code / Harbor Maintenance Tax
No Tax or Duty shall be laid on Articles exported from any State
Full Show - 12/30/2020 - Length/42.17
12/23/2020 - Length/1 hr 15 min
Article 1 Section 9 Clause 4 - Income Tax
No capitation, or other direct Tax shall be laid, unless in ‘Proportion to the Census or Enumeration’ herein before directed to be taken
Mark with AviGayle O'Hare & Sherry Flannigan
12/16/2020 - Length/1 hr 21 min
Article 1 Section 9 Clause 3A - Bill of Attainder & Clause 3B Ex Post Facto Law
No Bill of Attainder or ex post facto Law shall be passed.
Mark with AviGayle O'Hare & Sherry Flannigan
12/9/2020 - Length/52.06
Article 1 Section 9 Clause 1 - Slave Owner Rights & Clause 2 Writ of Habeas Corpus
Clause 1: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight (1808), but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
Clause 2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Mark with AviGayle O'Hare
12/2/2020 - Length/1 hr 16 min
Article 1 Section 8 Clause 18 - The 'Elastic' Clause
The Congress shall have Power To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Mark with AviGayle O'Hare & Sherry Flannigan
11/25/2020 - Length/1 hr 16 min
Article 1 Section 8 Clause 17
The Congress shall have Power To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession (the formal giving up of rights, property, or territory by a state) of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings
Mark with AviGayle O'Hare & Sherry Flannigan
10/28/2020 - Length/1 hr 23 min
Article 1 Section 8 Clause 16
The Congress shall have Power To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress
Mark with AviGayle O'Hare & Sherry Flannigan
Length/1 hr 18 min
Article 1 Section 8 Clause 15
The Congress shall have Power To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions
Mark with AviGayle O'Hare
Length/1 hr 17 min
Article 1 Section 8 Clause 14
The Congress shall have Power To make Rules for the Government and make Rules for Regulation of the land and make Rules for naval Forces
Mark with AviGayle O'Hare & Sherry Flannigan
Length/1 hr 19 min
Article 1 Section 8 Clause 13
The Congress shall have Power To provide and maintain a Navy
Mark with AviGayle O'Hare & Sherry Flannigan
Length/1 hr 28 min
Article 1 Section 8 Clause 12
Clause 12: The Congress shall have Power To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years
Mark with AviGayle O'Hare
Length/1 hr 19 min
Article 1 Section 8 Clause 10 & 11
Clause 10: The Congress shall have Power To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations
Clause 11: The Congress shall have Power To declare War, To grant Letters of Marque and Reprisal, To make Rules concerning Captures on Land and Water
Mark with AviGayle O'Hare & Sherry Flannigan
Length/56.36
Article 1 Section 8 Clause 7, 8 & 9
Clause 7: The Congress shall have Power To establish Post Offices and post Roads
Clause 8: The Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
Clause 9: The Congress shall have Power To constitute Tribunals inferior to the supreme Court
Mark with AviGayle O'Hare & Sherry Flannigan
Length/1 hr 19 min
Article 1 Section 8 Clause 6 / Human Capital
Clause 6: The Congress shall have Power To provide for the Punishment of counterfeiting the Securities and current Coin of the United States
Mark with AviGayle O'Hare
Length/1 hr 10 min
Article 1 Section 8 Clause 5a & 5b
Clause 5: The Congress shall have Power To coin Money, regulate the Value thereof, and of foreign Coin, The Congress shall have Power To fix the Standard of Weights and Measures
Mark with AviGayle O'Hare
Length/54.23
Is a Governors Executive Order... law?
Mark with James O'Hare, AviGayle O'Hare & Jo Cameron
Length/41.36
Article 1 Section 8 Clause 4a & b
Clause 4: The Congress shall have Power To establish a uniform Rule of Naturalization, The Congress shall have Power To establish uniform Laws on the subject of Bankruptcies throughout the United States
Length/25.02
Article 1 Section 8 Clause 3
Clause 3: The Congress shall have Power To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes
Mark with James O'Hare, AviGayle O'Hare & Jo Cameron
Length/1.17.53
Article 1 Section 8 Clause 1 & 2
Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States
Clause 2: The Congress shall have Power To borrow Money on the credit of the United States
Mark with James O'Hare, AviGayle O'Hare & Sherry Flannigan
Length/1.31.31
Article 1 Section 7
Mark with James O'Hare, AviGayle O'Hare & Sherry Flannigan
Sherry Flannigan
Length/1.26.47
Article 1 Section 6
Mark with James O'Hare, AviGayle O'Hare & Sherry Flannigan
Length/1.29.39
Article 1 Section 5
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Mark with James O'Hare, AviGayle O'Hare & Sherry Flannigan
Length/1.42.14
Article 1 Section 4
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall [be on the first Monday in December,]4 unless they shall by Law appoint a different Day.
Mark with James O'Hare, AviGayle O'Hare & Sherry Flannigan
Length/1.36.03
Article 1 Section 3
The Senate of the United States shall be composed of two Senators from each state, [chosen by the Legislature thereof,] 2 Modified by Amendment XVII. for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one-third may be chosen every second Year; [and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.] 3 Modified by Amendment XVII.
No Person shall be a Senator who shall not have attained to the Age of thirty Years and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Mark with James O'Hare, AviGayle O'Hare, Greg Franklin & Sherry Flannigan
Length/1.28.50
Article 1 Section 2
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to the Age of twenty five Years and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
[Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.]1 The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.